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5. News from the Courts:
 

Supreme Court to Decide Deportation Issue

 

The Los Angeles Times reports that the Supreme Court will decide whether the government is free to deport illegally present immigrants who came to this country as children and whose parents became lawful residents in the United States.  Courts on the West Coast have blocked deportation orders for some illegally present immigrants because their parents had gained permanent-residence status and lived in the United States for more than seven years.  The U.S. 9th Circuit Court of Appeals in San Francisco has taken it a step further, deciding that a “parent’s status as a lawful permanent resident is imputed” to the “children residing with that parent.”  Obama administration lawyers said the 9th Circuit was the only appeals court to adopt that view, and it was wrong as a matter of law.  They urged the Supreme Court to rule that immigrants cannot “rely on a parent’s status” as a grounds for avoiding deportation. 

 

http://articles.latimes.com/2011/sep/28/nation/la-na-court-immigration-20110928

 

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Obama Administration Challenges Decision on Alabama Immigration Law

 

The Los Angeles Times reports that the Obama administration joined a coalition of civil rights groups in appealing a judge’s decision in Alabama that upheld key parts of the nation’s strictest state immigration law.  The Justice Department filed a motion asking for U.S. District Judge Sharon Blackburn’s decision, which cleared the way for much of Alabama’s new law to take effect, to be put on hold temporarily so the 11th Circuit Court of Appeals in Atlanta can weigh the issue.  Government lawyers contend that the federal government maintains “exclusive” rights to regulate the area of immigration because immigration violations are a civil matter not a crime. 

 

http://articles.latimes.com/2011/sep/30/news/la-pn-alabama-immigration-20110930

 

FoxNews.com reports that the Justice Department has set up a hotline and email for the public “to report potential civil rights concerns related to the impact of Alabama’s immigration law.”  The Justice Department is seeking to block the enforcement of the law and succeeded in securing injunctions against parts of the law from the 11th U.S. Circuit Court of Appeals in Atlanta.  Alabama responded to the challenge by defending its right to enforce the law.

 

http://www.foxnews.com/politics/2011/10/13/justice-sets-up-hotline-for-foes-alabamas-immigration-law/?test=latestnews

 

The Associated Press reports that the 11th Circuit Court of Appeals in Atlanta issued a temporary ruling that allows police to detain immigrants that are suspected of being in the country illegally.  In the same ruling, the Court blocked a part of the law that requires schools to check the immigration status of students.  A final decision on the law won’t be made for months to allow time for more arguments.

 

http://www.washingtontimes.com/news/2011/oct/14/us-court-alabama-can-detain-illegal-immigrants/

 

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Arizona Immigration Law Likely to be Decided in Supreme Court

 

The Washington Post reports that the Supreme Court will likely take on the Arizona immigration law after many of its provisions were blocked by lower courts.  In August, Governor Jan Brewer appealed to the Supreme Court to hear the case to decide once and for all whether states have the authority to regulate immigration matters.  The law has been replicated, and challenged by the federal government, in multiple states.

 

http://www.azcentral.com/news/articles/2011/10/02/20111002supreme-court-agenda-epic.html

 

*****

Supreme Court to Hear Los Angeles Immigration Case

 

KUOR News (CA) reports that the Supreme Court will hear oral arguments in an immigration case involving Los Angeles resident Joel Judulang.  Judulang is a permanent resident who moved to the United States from the Philippines when he was eight and was involved in an altercation more than 20 years ago where a person was shot and killed.  He pleaded guilty to voluntary manslaughter and the government moved to deport him.  Georgetown Law Professor Irv Gornstein says the question before the high court is “whether somebody who is deportable gets the benefit of a statute that’s now no longer on the books.”  That expired statute allowed permanent residents who plead guilty to deportable offenses to appeal to the attorney general for relief. 

 

http://www.scpr.org/news/2011/10/10/29309/supreme-court-hear-immigration-case-about-la-man/

 

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Justice Dept. Sues over SC’s New Immigration Law

 

The Associated Press reports that the Justice Department joined a coalition of civil rights groups in suing South Carolina to put a stop to the state’s tough new immigration law.  U.S. Attorney Bill Nettles said the law is unconstitutional and violates people’s right to due process.  South Carolina’s law takes effect Jan. 1 and is among the toughest in the nation. 

 

http://www.foxnews.com/politics/2011/10/31/justice-department-sues-south-carolina-over-states-strict-immigration-law/

 

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